Mental evaluation next for suspect accused of beating 80-year-old man

Jajuan Richard Whitlow, left, listens as his attorney, Todd Perkins, makes a point during a court hearing Tuesday. Whitlow is charged in the brutal beating of an 80-year-old man. Macomb Daily staff photo by David N. Posavetz

Whitlow, 23, faces one count of assault with intent to commit murder for the beating of 80-year-old Albert Potter. The assault occurred Jan. 27 inside the Behavioral Center for Michigan, on 12 Mile Road at Ryan Road. Potter was an in-patient at the facility and Whitlow had just been transferred there from a hospital in Wayne County.

Potter remains in critical condition at William Beaumont Hospital in Royal Oak.

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Tuesday’s hearing in Warren district court was scheduled as a preliminary exam to determine whether evidence in the case shows Whitlow should stand trial. That proceeding could be postponed for approximately three months, after Ausilio granted a request by defense attorney Todd Perkins to have Whitlow evaluated at the Center for Forensic Psychiatry in Ypsilanti.

Perkins, recently hired by Whitlow’s after a different lawyer had been appointed to the case at public expense, said the purpose of the evaluation is to determine whether the beating suspect could be found culpable for his alleged actions, and whether the Canton man understands the court proceedings and can assist in his own legal defense.

Perkins also asked the judge to lower his client’s $500,000 bond to an amount where he potentially could be released to a locked, residential treatment facility.

The prosecutor vehemently opposed the request.

“This was a horrible act of violence. He is a danger to society,” said Macomb County Assistant Prosecutor Suzanne Faunce, who added that Potter may not survive.

“It seems like the prosecutor is trying to exact punishment before that time comes,” Perkins replied.

Ausilio declined to set a lesser bond for Whitlow, who remains in custody at the Macomb County Jail until transfer to the forensic psychiatry center in Ypsilanti.

Outside the courtroom, Perkins said he only had minimal conversation with Whitlow thus far.

“There seems to be no recollection (by him) of the events that brought him here,” he said.

Perkins said Whitlow is single, has no children and is attending college. Whitlow was involved in an incident at his mother’s home in Canton that led family members or police to have him sent to Annapolis Hospital, in the city of Wayne, for observation, the defense attorney said. He said he did not know details yet of the domestic incident.

Whitlow was subsequently transferred to the Warren psychiatric hospital.

“There should have been more oversight at the Behavioral Center. There should have been some separation (of patients),” the defense attorney said.

Warren Police Commissioner Jere Green said last week that staff and patients at the facility witnessed the attack.

Warren police said Potter suffered multiple skull fractures and cuts to his face. Several of his teeth were knocked out and one eye was severely damaged.

Fifteen relatives and friends of Whitlow attended Tuesday’s court proceeding. The incident and the allegations have been traumatic for them as well, Perkins added.

“It’s a very difficult time,” he said. “It’s an emotional roller coaster for the family. The family feels real bad for the family of the victim.”

Tuesday’s hearing was scheduled to be held by District Judge Jennifer Faunce, but she recused herself from the case to avoid any allegations of a conflict of interest because her sister, Suzanne, is handling the case for the county prosecutor’s office.